Watch out for other cyclists
- Thread starter annedonnelly
- Start date
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Colin Grigson
Bass guitarist - Bad News
Horrendous - I hope you’re not too uncomfortable, wishing you a speedy recovery.
Sounds like the police have given the final word on that then.
though this surprises me:
>>Nothing they can do under the law unless there's any suggestion of malicious action.
I thought there had been cases where cyclists had been done for careless/dangerous riding involving pedestrians or similar where no malice aforethought was even implied.
Still, there would be the problem of evidence - sounds as if it's not available.
Get well soon.
vickster
Squire
There’s no rush of course, but if you’re a member of British Cycling or Cycling UK, it might be worth having a chat with their legal firm about what recourse you might have, if you wish to go that way (eg if you’re out of pocket for the bike, lost earnings etc).
Hope things are getting less sore day by day
Hope things are getting less sore day by day
LCpl Boiled Egg
Three word soundbite
Bloody cyclists... Get well soon!
T4tomo
Legendary Member
No - The issue is there isn't any clear evidence.
We can surmise that the other party was probably going to fast for what they could see ahead, what happened next is pure guess work - maybe a swerve into AD's path to avoid a pedestrian or a loose dog or just lost control or was on the wrong side because they didn't treat the path like road and ride on the left. Poor old AD needs an eye witness and / or the story from the other party to try to piece it all together
Unfortunately, there appears to be no evidence whatsoever that has happened.
We can surmise that it is likely, but supposition is not evidence.
Without either eye-witnesses or CCTV, there is no useful evidence.
HobbesOnTour
Guru
@vickster 's advice above is good. Get yourself some legal advice, for self protection even if you have no desire to claim. Of the two of you only the other cyclist knows what happened. Some people can use that to their advantage.
Sorry. I'm sure that's the last thing you want to read right now.
Sorry. I'm sure that's the last thing you want to read right now.
Lozz360
Veteran
OK but I thought that the evidence is reasonable. I am assuming the following "facts": -
1. The perp is identified and has admitted to the collision. He has a broken jaw after all, so may not be in a position to deny any involvement.
2. AD does not suffer from any form of brittle bone disease. Given the list of injuries sustained, we do have clear evidence that the collision happened with considerable force on a shared cycle path which could have very likely contained unpredictable children, dogs, etc.
I suppose the other party could claim that the collision was all AD's fault and she rode in to him. As she doesn't recall the impact, that may be a problem. However, she does say that she was apparently hit from behind. Again if the damage to the bikes and persons concerned, prove that the impact was him riding into AD, then not a problem surely?
The last thing I want to do is give AD false hope (not a lawyer) but at the very least I would have thought the police could question the other party to find out his side of the story.
mjr
Comfy armchair to one person & a plank to the next
Yes but there's no police available for this sort of road policing any more, of going to interview a road casualty in a two-casualty collision to see if they incriminate themself.
So we are where we are. The evidence without witness or video may well prove who was to blame "on the balance of probabilities" (for damages to be paid) but that's a long way from the "beyond reasonable doubt" needed for a criminal conviction.
OP
OP
annedonnelly
Girl from the North Country
Thanks everyone for concern and advice.
I think that if there's no law that police can use to prosecute then they shouldn't spend time investigating. Unless there is somehow a message through my door that I'll see when I get home, I don't know who the other cyclist was. He was seen wandering A&E with broken jaw so police advise I can easily trace him via solicitor. That's something I'll look at doing once I'm home.
At the minute I need to sort stuff for managing at home without going upstairs.
I think that if there's no law that police can use to prosecute then they shouldn't spend time investigating. Unless there is somehow a message through my door that I'll see when I get home, I don't know who the other cyclist was. He was seen wandering A&E with broken jaw so police advise I can easily trace him via solicitor. That's something I'll look at doing once I'm home.
At the minute I need to sort stuff for managing at home without going upstairs.
@annedonnelly Anne, I'm just reading this: so sorry it happened, GWS.
It must be very annoying not knowing how it happened.
Even if the police cannot do anything, it's worth tracing the other cyclist.
Hopefully they are insured, and you could at least get the bike's costs back, plus time earnings lost.
Take care, keep us updated xxx
It must be very annoying not knowing how it happened.
Even if the police cannot do anything, it's worth tracing the other cyclist.
Hopefully they are insured, and you could at least get the bike's costs back, plus time earnings lost.
Take care, keep us updated xxx
Drago
Legendary Member
You could show how forgiving you are by buying the chap a box of toffees to take his mind off the broken jawYeah, got the address of the nurse so delivering chocs is going to be easy once I'm allowed out. I suspect we even share our cycling postie
